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Articles Posted in Fee Increases

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Welcome to the start of a new week! In this blog post we discuss an exciting new announcement and a quick reminder regarding upcoming increases in filing fees.

USCIS Announces Extension of Flexibility for RFE, NOID, and Similar Responses

On September 11, 2020, the United States Citizenship and Immigration Services (USCIS) extended its previous policy granting applicants additional time to respond to requests for evidence, notices of intent to deny, and such similar notices.

Specifically, USCIS has stated that an applicant who has received a request, notice or decision dated between March 1, 2020 and January 1, 2021, may respond to such request or notice within 60 calendar days after the due date/deadline provided in the notice or request.

This flexibility is granted for the following types of notices, so long as the notice or request is dated between March 1, 2020 and January 1, 2021:

  • Requests for Evidence;
  • Continuations to Request Evidence (N-14);
  • Notices of Intent to Deny;
  • Notices of Intent to Revoke;
  • Notices of Intent to Rescind and Notices of Intent to Terminate regional investment centers;
  • Motions to Reopen an N-400 Pursuant to 8 CFR 335.5, Receipt of Derogatory Information After Grant;
  • Filing date requirements for Form N-336, Request for a Hearing on a Decision in Naturalization Proceedings (Under Section 336 of the INA); or
  • Filing date requirements for Form I-290B, Notice of Appeal or Motion.

This flexibility has been provided to allow applicants the opportunity to gather important documentation needed to respond to the request or notice, given the extraordinary delays applicants have been facing in obtaining documents during the Coronavirus pandemic.

This policy ensures that USCIS will not take any adverse action on a case without first considering a response to the request or notice issued to the applicant.

USCIS will also consider a Form N-336 and Form I-290B “received” up to 60 calendar days from the date of the decision, before taking any action.

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Congress is moving quickly to avert the financial crisis currently plaguing the United States Citizenship and Immigration Services (USCIS). On Saturday August 22nd the House of Representatives unanimously passed a bill aiming to provide much needed emergency funding to help USCIS meet its operational needs.

Earlier this year, USCIS made clear that without additional funding the agency would need to furlough two-thirds of its workforce by the end of August, even after announcing an increase in fees set to go into effect on October 2nd. The agency has been struggling to stay afloat in the wake of the Coronavirus.

While the bill still needs to pass the Senate and be signed into law by the President, this is very promising news and a step in the right direction for applicants waiting in line for their applications to be processed on a timely basis.

Should the bill be successful it will stop the agency’s planned furloughs and inject much needed capital to help USCIS deal with the significant backlogs across the board. The Senate is expected to return to chambers in September and will likely take up the issue as soon as possible.

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In this blog post, we would like to remind our readers that today is the last day to submit a public comment on the USCIS proposed rule increasing immigration fees for certain petitions. Initially USCIS had set a 30-day comment period ending on December 16, 2019, however the comment period was later extended for two more weeks, ending today December 30, 2019.

Once the comment period has closed, USCIS will review all public comments and publish a final rule in the Federal Register which will contain the rule’s effective date of implementation.

The filing fees for the following petitions would increase substantially under the proposed rule:

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As we approach the end of the year, in this blog post, we look back at the major policy changes implemented by the Trump administration in the year 2019 that have had a profound impact on the way our immigration system functions today.

JANUARY 

Government Shutdown Woes

The start of 2019 began on a very somber note. From December 22, 2018 to January 25, 2019 Americans experienced the longest government shutdown in American history (lasting a period fo 35 days) largely due to political differences between the Republican and Democratic parties on the issue of government funding to build a border wall along the U.S. Mexico border.

The government shutdown created a massive backlog for non-detained persons expecting to attend hearings in immigration court. Because of limited availability of federal workers, non-detained persons experienced postponements and were required to wait an indeterminate amount of time for those hearings to be re-scheduled.

To sway public opinion, 17 days into the government shutdown, the President delivered his first primetime address from the Oval office where he called on Democrats to pass a spending bill that would provide $5.7 billion in funding for border security, including the President’s border wall.

With no agreement in sight, on January 19, 2019, the President sought to appease Democrats by offering them a compromise solution. In exchange for funding his border wall and border security, the President announced a plan that would extend temporary protected status of TPS recipients for a three-year period and provide legislative relief to DACA recipients for a three-year period. The President’s proposal however did not provide a pathway to residency for Dreamers, and was quickly rejected by Democrats.

On January 25, 2019, with still no solution and pressure mounting, the President relented and passed a temporary bill reopening the government until February 15, 2019.

Meanwhile, immigration courts across the country were forced to postpone hundreds of immigration hearings, with Minnesota, Pennsylvania, and Kentucky being the most deeply affected by the shutdown.

Changes to the H1B Visa Program

On January 30, 2019, the Department of Homeland Security announced proposed changes to the H-1B visa program including a mandatory electronic registration requirement for H1B petitioners filing cap-subject petitions beginning fiscal year 2020, and a reversal in the selection process for cap-subject petitions. The government outlined that it would first select H-1B registrations submitted on behalf of all H-1B beneficiaries (including regular cap and advanced degree exemption) and then if necessary select the remaining number of petitions from registrations filed for the advanced degree exemption. Moreover, only those registrations selected during fiscal year 2020 and on, would be eligible to file a paper H1B cap petition.

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We have news for petitioners seeking to use premium processing services. The Department of Homeland Security published a final rule in the Federal Register on October 31, 2019 to increase the premium processing fee to account for inflation.

The adjustment increased the premium processing fee from $1,410 to $1,440 beginning December 2, 2019. This increase in fees applies to applications postmarked on or after December 2, 2019.

What is Premium Processing Service?

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On November 14, 2019, the United States Citizenship and Immigration Services will publish a proposed rule in the Federal Register to increase immigration fees for certain petitions. After publication, the proposal will be open for a 30-day comment period. After that point the agency will review public comments and draft the final rule. At this time there is no definitive date set out in the proposed rule for enforcement of these fees. Therefore, readers should note that these fee increases will likely not take effect until well into Fiscal Year 2020.

What does the rule propose?

The rule proposes the following fee increases by immigration benefit:

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Moreover, DHS proposes that fees for the following types of petitions be limited to a 5 percent increase above current fees:

  • Form I-290B, Notice of Appeal or Motion.
  • Form I-360, Petition for Amerasian, Widow(er) or Special Immigrant.
  • Form I-600, Petition to Classify Orphan as an Immediate Relative
  • Form I-600A, Application for Advance Processing of an Orphan Petition
  • Form I-600A/I-600, Supplement 3, Request for Action on Approved Form I-600A/I600.42
  • Form I-800, Petition to Classify Convention Adoptee as an Immediate Relative.
  • Form I-800A, Application for Determination of Suitability to Adopt a Child from a Convention Country.
  • Form I-800A, Supplement 3, Request for Action on Approved Form I-800A

Changes to Fee Waiver Requests

DHS further proposes to limit fee waivers grants to individuals who have an annual household income of less than 125 percent of the Federal Poverty Guideline as defined by the U.S. Department of Health and Human Services (HHS).

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Fresh off the press! In this blog post we will discuss a new proposed rule that is set to be published in the Federal Register on September 4, 2019. We have reviewed an advance copy of this proposed rule and will tell you everything you need to know about the new rule.

At a Glance

The proposed rule will require petitioners filing H-1B cap-subject petitions to pay a $10 registration fee for each petition they submit to USCIS for the H-1B cap selection process beginning with the H-1B fiscal year 2021 cap season.

Overview

As you may recall, on January 31, 2019, DHS published a final rule requiring petitioners seeking to file H-1B cap-subject petitions (including those eligible for the advanced degree exemption) to first electronically register with USCIS during the designated registration period (“H-1B registration final rule”).

USCIS stated that the new H-1B registration system would be implemented beginning with H-1B fiscal year 2021 to ensure the registration system and process work correctly.

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BREAKING: The United States Citizenship and Immigration Services (USCIS) will be publishing a final rule in the Federal Register tomorrow August 30, 2018, increasing the premium processing fee charged by the agency by 14.92 percent.

According to USCIS the increase in the fee accounts for inflation according to the Consumer Price Index. The last time that the filing fee for premium processing was updated to account for inflation was in the year 2010.

The adjustment in the fee will bring the premium processing fee to $1,410 instead of $1,225. The final rule states that the ruse will become effective 30 days after publication in the federal register which would fall on September 30th of this year. Any applications postmarked on or after September 30th will need to include the new $1,410 filing fee instead of the previous filing fee.

DHS has authorized the fee increase without notice and comment, because according to DHS it is “unnecessary.” The government cites 5 U.S.C. 553(b)(B) and INA section 286(u), 8 U.S.C. 1356(m) as authority to adjust the fee without notice or public comment.

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UPDATE: Today, December 29, 2016, USCIS announced that previous editions of affected forms will continue to be accepted by USCIS until February 21, 2017, except for the N-400 Application for Naturalization. N-400 Application for Naturalization must be filed with the 12/23/16 edition date. No prior editions of form N-400 will be accepted by USCIS. Please remember that the new fee schedule will continue to be enforced. New form editions will contain an edition date of 12/23/16. Updated forms can be found at uscis.gov/forms. The complete fee schedule can be found at uscis.gov/forms/our-fees.

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In this post we bring you your daily dose of immigration updates. For more information on the immigration services we provide please visit our website. For a free first legal consultation please contact our office. It is our pleasure to accompany you on your immigration journey.

USCIS extends TPS Designation for Nepal for 18 months

The Secretary of Homeland Security recently announced that Temporary Protected Status (TPS) for eligible nationals of Nepal will be extended for an additional 18 months, beginning December 25, 2016 through June 24, 2018. Eligible TPS applicants must either be foreign nationals of Nepal or habitually resided in Nepal. DHS will be extending current TPS Nepal Employment Authorization Cards (EADs) with a December 24, 2016 expiration date for an additional 6 months, valid through June 24, 2017.

For more information regarding TPS for Nepal please click here. For information about the TPS program please click here. Employers interested in verifying or reverifying the employment eligibility of employees who are TPS beneficiaries, may click here for more information.

EADs Extended 6 Months for Guinea, Liberia and Sierra Leone TPS Beneficiaries

Current Beneficiaries of the Temporary Protected Status (TPS) program for the designations of Guinea, Liberia, and Sierra Leone have had their TPS status extended for a period of 6 months, to expire on May 21, 2017. The Department of Homeland Security authorized this temporary extension to allow beneficiaries to make an orderly transition out of the United States, before termination of their TPS status on May 21, 2017. Current beneficiaries of the TPS program from these designations will automatically retain their TPS status until this date, and the validity of their current Employment Authorization Cards (EADs) will be extended through May 20, 2017.

Click here for more information about the 6-month extension of orderly transition before termination of TPS designations for Guinea, Liberia, and Sierra Leone. For general information about the TPS program please click here.

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